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Sumatera utara
INDONESIA
JURNAL DOKTRIN
Published by Universitas Muhammadiyah Sumatera Utara
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Articles 12 Documents
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Search results for , issue "Vol 2, No 1 (2023): Juni" : 12 Documents clear
KEBIJAKAN HUKUM DALAM PENANGGULANGAN TINDAK PIDANA YANG TERJADI PADA WARGA BINAAN DI LEMBAGA MASYARAKAT Heri Edrino Sihombing; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Abstract

The correctional system is organized in the context of forming Correctional Families to become fully human beings, aware of mistakes, improve themselves and not repeat criminal acts so that they can be accepted again by society. The problems are the factors that cause criminal acts against inmates in the Medan Class I Penitentiary, and law enforcement efforts in tackling the occurrence of crimes that occur in inmates in the Medan Class I Penitentiary, as well as the obstacles faced by the Medan Class I Penitentiary in carrying out coaching for correctional inmates which has implications for the occurrence of criminal acts, the research method is normative juridical supported by empirical data. The results of his research are the factors that cause crime because of room capacity, economic inequality that causes social inequality, the number of wardens that are not proportional to the number of prisoners, there is no courtesy among fellow prisoners. Legal efforts carried out by the Medan Class I Lapas in dealing with crime use penal and non penal efforts, the obstacles faced by the Medan Class I Lapas are limited coaching facilities, and the factor of prison space capacity, as well as the level of education
ANALISIS PENERAPAN PASAL 127 TUNGGAL TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DALAM UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA (STUDI DI DIREKTORAT RESERSE NARKOBA KEPOLISIAN DAERAH SUMATERA UTARA) Albret Duvry; Adi Mansar
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Narcotics abuse in Indonesia has reached the stage of concern, the problems raised are how the procedure for implementing rehabilitation for narcotics offenders, how to apply a single Article 127 to narcotics offenders, how the efforts of the Poldasu Narcotics Investigation in providing rehabilitation for narcotics offenders. The research method used is normative juridical research, Police Investigation Procedures qualify perpetrators as dealers and perpetrators as Narcotics abusers based on the investigative mechanism up to the filing of cases, based on mandated requirements with provisions related to rehabilitation, namely from the amount of evidence, an assessment is carried out by the Integrated Assessment Team formed by BNN. Single application of Article 127 When narcotics addicts or abusers are caught red-handed,evidence of narcotics is found in accordance with SEMA provisions No: 4 of 2010 concerning Placement, Abuse, Victims of Abuse and Narcotics Addicts into Medical and Social Rehabilitation Institutions. The effort made is discretion. To exercise discretion, the investigator examines witnesses, potential suspects, tests evidence and urine to the laboratory. After that, conduct a case title and determine the status as a suspect Article 127 paragraph 1 letter a JO Article 54 of the Narcotics Law JO Article 55 Paragraph (1) 1 of the Criminal Code in connection with fulfilling the elements of Articles 183 and 184 of the Criminal Procedure Code
PERANAN POLRI DALAM PENEGAKAN HUKUM PEMBERLAKUAN PEMBATASAN KEGIATAN MASYARAKAT (PPKM) PADA MASA PANDEMI COVID-19 DI KOTA MEDAN Pamilu Hamonangan; Triono Eddy
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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The emergency PPKM policy was extended through PPKM policies with different levels in each region, in order to reduce the second wave of Covid-19 that has occurred since June 2021. The purpose of this research is to examine the supporting and inhibiting factors of the National Police in enforcing the PPKM law in Cities Medan, then to examine the application of sanctions against violators in implementing PPKM in Medan City, as well as to examine the role of the National Police as the Covid 19 task force in enforcing PPKM law in Medan City. The type of research in this research is normative research. The resultsof the research show that the supporting factors for the Indonesian National Police in serving the community are the involvement of the Government, the inhibiting factors are the limited budget for carrying out socialization, and the lack of human resources. Covid 19 in PPKM law enforcement in Medan City is maintaining security and publication during PPKM, enforcing the law for PPKM violations
OPTIMALISASI ON LINE SYSTEM REGISTRASI KENDARAAN BERMOTOR DALAM RANGKA PENANGGULANGAN TINDAK PIDANA PEMALSUAN DOKUMEN DI SAMSAT MEDAN Riduan Riduan; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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The application of an on-line system in the field of Regident Ranmor has been carried out at the Traffic Directorate level with various strategic alignments in public service management which are translated into criteria such as competitive advantage, timeliness of service fulfillment, community satisfaction, labor productivity and profitability, but on line system as an effort to achieve the effectiveness of regindent ranmor services related to information technology development products to improve service quality and the management of information technology operations is currently still not optimal. The research method used in this thesis research is descriptiveanalytical with normative legal research. Based on the results of the research it was found that the crime of counterfeiting or abbreviated as the crime of counterfeiting is a crime in which there is a system of untruth or falsehood of a thing (object) that something appears from the outside as if it is true, even though in fact it is contrary to the truth. Countermeasures against the Crime of Forgery of Documents Through Optimization of the On Line System as a Non Penal Policy effort through a broader, strategic, integrated and controlled HTCK (Work Procedure Relations) in an on-line system for the development of an applicant identity data collection system at Dirlantas Poldasu with the Regional Revenue Service including with the Population Service in the Provsu area, for example making SOPs and Jukrah for handling KTP misuse found atthe request of the applicant for registration and identification of motorized vehicles at the time of registration, validation of STNK and payment of motor vehicle taxes. In addition, it is necessary to develop an on line system through the Secure Access Module (SAM)
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN EKSPLOITASI EKONOMI DISERTAI KEKERASAN Rikardo Horas Uli Tua Simanjuntak; Ida Hanifah
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Children must be protected from all forms of cruelty and oppression, in any form, even though there are already a set of regulations that protect children from the dangers of economic exploitation, and the problem of economic exploitation of children from year to year experiences very complex developments, so that child exploitation increases every year. annually indicates that there are significant obstacles that occur at the level of implementation. The discussion in this study is to analyze the factors that cause economic exploitation accompanied by violence against children, and criminal law policies in tackling child exploitation and as well as legal protection for child victims of economic exploitation accompanied by violence. This type of research is normative legal research. Based on the results of this study, it is concluded that the background that makes children victims of trafficking in persons is due to the motive of poverty, and difficulty finding work,  education, law enforcement against perpetrators of child exploitation crimes must be implemented strictly and indiscriminately, by implementing statutory regulations - promulgation along with the application of serious criminal threats is one step to be able to provide a deterrent effect for the perpetrators
ANALISIS YURIDIS TERHADAP TINDAK PIDANA INFORMASI DAN TRANSAKSI ELEKTRONIK YANG BERMUATAN PERJUDIAN Bagas Dwi Akbar; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Online gambling crimes consist of servers made by online bookies which are often placed in countries that legalize gambling, while the problem in this research is the Legal Arrangements for Criminal Liability for Parties Who Share Channel Links in which Online Gambling Content is contained. , Second, criminal responsibility for the actions of partieswho play gambling through online channel links. Third, law enforcement policies in efforts to deal with criminal acts of online gambling information technology, the research method uses normative type research and is descriptive analysis in nature. Research results ongambling content can be held criminally responsible for violating the provisions of Article 45 paragraph (2) in conjunction with Article 27 paragraph (2) of the ITE Law, Criminal liability for perpetrators of online gambling websites must fulfill the elements of legal responsibility in efforts to tackle criminal acts of online gambling information technology in essence the criminalization policy is part of the criminal policy by using criminal law means and therefore includes part of the criminal law policy.
UPAYA HUKUM PENUNTUTAN TINDAK PIDANA PEMBOBOLAN KARTU KREDIT MELALUI INTERNET DI KEJAKSAAN NEGERI DELI SERDANG Agustian Sinurat; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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The development of science and technology has shown beneficial results for human life, while on the other hand it has also given rise to social ills such as those that have an impact on the emergence of a crime, including carding crimes using computer capabilities to steal personal data from credit card owners. The formulation of the problem is what isthe mode of crime of credit card burglary via the internet in Indonesia, and what are the legal remedies and prosecution of criminal acts of credit card burglary via the internet at the Deli Serdang District Attorney, and what are the obstacles faced by the public prosecutor at the Deli Serdang District Attorney in the criminal credit card theft via the internet. The modus operandi of card fraud via the internet is in the form of discovering the credit card number to pay for ordering goods offered through internet sites, and for this act can be applied using Article 362 of the Criminal Code. Proof can use evidence as contained in Article 184 of the Criminal Procedure Code
PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA MANIPULASI DATA PRIBADI SECARA ELEKTRONIK (STUDI PUTUSAN NOMOR:105/PID.SUS/2019/PN-PBR) Muhammad Agustiawan; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Information technology is currently a double-edged sword because apart from contributing to increasing human welfare, progress and civilization, it is also an effective means of unlawful acts including criminal acts (crimes). This study aims to analyze legal protection for victims of the crime of electronic personal data theft, the modus operandi used in the crime of electronic theft of personal data and legally analyze the crime of electronic manipulation of personal data in Decision Number: 105/Pid.Sus/ 2019/PN-Pbr. This research method uses normative research. Based on the results of this study, the finesanction still has confusion, meaning whether the fine came from the loss suffered by the victim or whether the fine was only the result of an act committed by the defendant based on the article imposed on the defendant. In the aquo case regarding fines, the judge imposed a fine on the defendant
KEWENANGAN JAKSA DALAM MELAKUKAN PENYIDIKAN TERHADAP TINDAK PIDANA KORUPSI Horas Monang Jeffry Andi Gultom; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Law enforcement against criminal acts of corruption is considered very serious, so it is necessary for the Prosecutor's Office to be able to deal with criminal acts of corruption in accordance with the laws and regulations in force in Indonesia, which form the basis for prosecutors in conducting investigations into corruption cases contained in Law No: 16 of 2004 concerning the Prosecutor's Office is regulated in Article 30 paragraph (1) letter d. Prosecutors have the authority to conduct investigations into certain criminal acts. Law enforcement in the investigation of corruption by the North Sumatra High Prosecutor's Office which has increased the professionalism of investigators is important, because a misapplication of the article will be fatal to the subsequent law enforcement process and the inability to apply normative criminal law rules to concrete legal legal events that occur will have an impact on the bluntness of law enforcement, and the obstacles faced by the Attorney General's Office in carrying out Corruption Investigations are firstly internal constraints and Second, external constraints. ,. The Process of Recovering State Financial Losses through civil law means in the form of a civil lawsuit against a person involved in a corruption case, and a civil lawsuit against the convict and/or his heirs if the decision has permanent legal force
PERTANGGUNGJAWABAN PIDANA TERHADAP ADVOKAT AKIBAT SURAT PALSU YANG DIGUNAKAN KETIKA MEMBELA KEPENTINGAN HUKUM KLIEN (ANALISIS PUTUSAN NOMOR:618/PID.B/2019/PN.MDN) Munawar Sadzali; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Many incidents that occurred in the community against advocates who were suspected of violating the professional code of ethics were reported to Police Investigators, ignoring the examination of advocates at the Advocate Honorary Council, even though advocates have the right of immunity. The author's aim is to analyze the criminal liability of advocates due to fake letters used when defending clients' legal interests, and the application of the right of immunity against advocates when carrying out their profession, as well as the legal considerations of the Panel of Judges due to fake letters used by advocates when defending clients' legal interests. The research method used is normative legal research. Based on the results of the research, it is known that advocates who use fake letters in carrying out their profession must first be proven to have violated Article 16 of the Advocate Law, in carrying out their duties to defend their clients it is proven that there is no good faith, then they can be subject to criminal liability, and the right of immunity for advocates applies as long as it is carried out in good faith, does not violate the Indonesian Advocate Code of Ethics, and does not violate statutory regulations when carrying out professional duties inside or outside the trial court. what he used was fake, as a suggestion, it would be better if the Law on Advocates contained provisions that investigators could designate advocates as suspects after an ethics trial 

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